Terms & Conditions
The terms & conditions set out below apply without variation to every contract entered into by The Gym Shop hereinafter referred to as the ‘Company’ for the sale of Goods, materials and services unless the variations thereto is expressly agreed to, in writing by the Company.
General: Whilst every effort has been made to ensure that the information contained on this website and in our brochures is current and accurate, The Gym Shop cannot be held liable for any errors, omissions or price changes. Due to continuous product development specifications may change and we may substitute a product for one of similar or better quality – please confirm upon order.
THE GYM SHOP MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEB SITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEB SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.
Please consult your Doctor before using any fitness / gym equipment purchased.
All products featured on this web site are subject to availability.
Acceptance: All orders accepted by the Company will be subject to these Conditions of Sale. If the Purchaser issues his own Purchase Order containing Conditions of Purchase these Conditions of Sale shall be deemed to be incorporated in such Purchase Order and shall override any conflicting provision of the Purchase Order.
Pricing: All prices quoted on this web site or otherwise are valid for 14 days and are exclusive of Value Added Tax (unless stated otherwise). Delivery and installation charges shall be payable in addition to the price of the Goods. Prices are subject to change at any time without prior notice although every effort is made to maintain them.
Payment: Prices and Value Added Tax and carriage charges are strictly net and payment is due at the time of order placement (unless stated otherwise) when the full invoice value becomes due. Payments can be made by EFT, Cash, Debit/Credit Card or by Cheques which are to be made payable to The Gym Shop.
Delivery: The delivery time stated is an estimate only and shall not be considered a contractual obligation. The Company shall not be liable for any loss or damage sustained by the Buyer due to the Company’s inability to maintain the delivery times so stated. The Goods will be at the Buyers risk when delivered to the Buyer (please refer to note 1 ‘DELIVERY OF GOODS BY A THIRD PARTY CARRIER’). The Company’s obligation to deliver Goods is subject to circumstances beyond the Company’s control as (but not limited to) strike, floods, fires, machine breakdown or any other conditions of force majeure.
Delivery & Installation Charges: All Goods are “flat packed” and are accompanied with explicit installation instructions. As all boxed dimensions vary, The Gym Shop will provide the customer with delivery and installation quotations upon request.
Specifications: All technical data, dimensions, weights, colour, etc., stated on this web site are a guide only, and no guarantee is given or implied that Goods will conform in absolute detail to the descriptions and illustrations. The Company reserves the right to amend specifications and to withdraw Goods from its product portfolio without prior notice.
Suitability: Other than expressly stated within the online Catalogue or anywhere else on this web site, the Company makes no representations as to the fitness or suitability of any Goods for any purpose whatsoever.
Warranty – General: In addition to all benefits conferred on the Buyer by statute, The Gym Shop guarantees all Goods offered for a period of one year (in RSA only unless stated otherwise) from the date of sale, provided that:
|(A)||It is established to the reasonable satisfaction of The Gym Shop that some part of the material used in manufacture was defective, and that the Goods have been returned to The Gym Shop.|
|(B)||The Goods have not been subject to misuse or abuse of any kind or used beyond the environmental conditions specified in the Goods Brochure or Technical Manual (where applicable).|
|(C)||This Guarantee does not extend to fair wear and tear.|
|(D)||It is established that any reported malfunction is not a direct consequence of incorrect self-assembly by any persons other than an Authorised The Gym Shop installer.|
|(E)||This warranty extends only to you, the original purchaser. It is not transferable to anyone who subsequently purchases the Product from you.|
|(F)||All original spares that are purchased (outside of the standard manufacturer’s parts warranty) carry a limited three month warranty cover.|
- This warranty applies to only the original purchaser and is not transferable.
- Under no circumstances will The Gym Shop be liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special, indirect, incidental, secondary or consequential losses, damages, or expenses in connection with exercise products.
- This warranty is expressly limited to the repair or replacement of a defective component of The Gym Shop manufacture. Repair or replacement will be at the discretion of The Gym Shop, and is the sold remedy of the warranty.
- Use of the equipment in any environment that is subject to excessive temperatures or moisture (including excessive perspiration on the equipment) may void the warranty.
- This warranty does not cover normal wear and tear – including, but not limited to: cables, belts, chains, wearguards, powder coat finishes, upholstery cuts or any other incidental damage as a result of regular use and attrition.
- This warranty does not cover damage that is not a result of a manufacturer defect, including improper assembly, inadequate maintenance, or installation of other parts or components not manufactured or supplied by The Gym Shop.
- This warranty does not cover damage or failure as a result of an accident, abuse, corrosion, use of the device other than its intended purpose, discoloration of paint or plastic, neglect, theft, vandalism, fire, flood, lightning, freezing or other natural disasters, collision, or unauthorized modifications.
Body Solid In-Home Warranty: If any Body-Solid product fails structurally under normal usage, we will repair or replace without charge to you. This Warranty does not extend to any Product that has been damaged or rendered defective; (a) as a result of accident, misuse, or abuse; (b) by the use of parts not manufactured or sold by Body Solid; (c) by modification of the Product; (d) as a result of service by anyone other than an authorized Body Solid warranty service provider. Should any product submitted for Warranty service be found to be ineligible, an estimate of repair cost will be furnished and the repair will be made if requested by you and upon receipt of payment or acceptable arrangement of payment.
Commercial/Domestic/Rehabilitation/Treadmills/Steelflex Cardiovascular Equipment: Limited warranty cover (i.e. on a parts only basis) applies to all customers in remote / outlying areas (i.e. areas outside major centres such as Johannesburg, Pretoria, Cape Town, Port Elizabeth, Durban and Bloemfontein). Customers in remote areas will be liable / responsible to deliver the faulty Goods purchased to one of the major centres listed above for repairs. Repairs are not charged in the first year of cover provided that any faults found have not been caused by abuse or misuse. If the latter is found then repairs are only executed once an estimate of the repair has been presented to the owner and the owner agrees on paying for the repairs.
Cancellation: You may cancel your order for a full refund prior to your order being shipped. If you cancel your order after it has been shipped, but before its received, you are responsible for any and all freight charges incurred by your cancellation. Any unpaid freight charges will be deducted from your refund.
Shortages or Damages: When the courier company delivers your order, count the pieces you receive and look for any noticeable damage. There is a label on each box that states the total number of pieces you should receive. If the number of pieces you receive does not exactly match the number of pieces on the delivery note, note the number you received on the delivery note / waybill. If you see any visible damage to the equipment, note that on the delivery note / waybill. Neither The Gym Shop nor the courier can be held responsible for shortages or damages if you do not note them on your delivery note. All damage and shortage claims must be filed with the courier. Questions regarding shortages and damages call The Gym Shop Customer Service on 0861 642 246.
Exchanges or Returns: Our exchange and return policy is simple. Call 0861 642 246 between 08:30 and 17:00 Monday through Friday, to make arrangements to send back the piece(s) you need to exchange or return. All returns and exchanges must be shipped back freight prepaid and must arrive in a new condition and in the original cartons/packaging.
Please contact The Gym Shop within 7 Days from the day you receive your Goods in order to arrange an exchange / return. Returns may be subject to a 20% restocking charge. This restocking fee is applicable in circumstances where goods have been installed and dismantled (and may show physical signs of this), returned without being placed in their original packaging or if found, that certain components/manuals are missing from the product upon a returns inspection. Refunds may be obtained on completed returns or for the difference in exchanges. Shipping and handling charges are the responsibility of the customer and are not refundable. We do not offer refunds or accept exchanges on orders for spare parts.
Transaction Currency: All quotations, Pro-forma Invoices and Tax Invoices will be in South African Rands (unless otherwise stated).
Country of domicile: The Gym Shop is a proudly South African Company.
Export Transactions: The Gym Shop is a registered Import / Export Company. It is Company policy that no Goods can be released / dispatched for export purposes until full payment is received in advance.
FAILURE TO OBSERVE THE CLAIMS PROCEDURE CAN INVALIDATE THE COMPANY’S CONTRACTUAL LIABILITY UNDER THESE CONDITIONS OF SALE.
This does not affect your statutory rights as a consumer.